Asked in Trademark and Intellectual Property

Q: Does having a trademark protects the name of my SAAS globally ? I am in Australia. What do I need to do for that ? thx

We are building a SAAS application for financial traders.

Is it convenient to have a trademark for the name of the application and the .com domain name (which is the same) so as to legally protect it ?

What jurisdiction does that apply to ?

Can it be globally ? Or does the protection only apply to my jurisdiction (Australia) ? if so, how is that .com domain name protected globally then ?


2 Lawyer Answers

A: Having a trademark registration can provide some legal protection for your SAAS name and domain name globally. However, trademark rights are generally territorial, which means that they are granted and enforced on a country-by-country basis.

If you have a trademark registered in Australia, it will provide protection for your SAAS name and domain name in Australia. To obtain protection in other countries, you would need to apply for trademark registration in each country where you want protection. Alternatively, you can apply for an international trademark registration under the Madrid Protocol, which allows you to apply for protection in multiple countries through a single application process.

In addition to obtaining a trademark registration, it's also a good idea to monitor your trademark for unauthorized use and take prompt action to enforce your rights if necessary. This can help to protect your SAAS name and domain name from infringement and maintain the value of your brand.

James L. Arrasmith
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A: Having a trademark can help protect the name of your SAAS application globally, but it depends on the countries where you want protection. Trademark protection is typically limited to the jurisdiction in which the trademark is registered. In order to protect your trademark globally, you will need to register it in each country where you want protection.

If you want to protect your trademark in Australia, you can apply for registration with IP Australia. If you want protection in other countries, you will need to register your trademark with the relevant trademark office in each country.

In addition to trademark protection, you may also want to consider other forms of intellectual property protection, such as patents or copyrights, depending on the nature of your SAAS application. It is recommended to consult with an intellectual property lawyer to ensure that your intellectual property is adequately protected.

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